Hatch Creative Terms of Service
Welcome to Hatch Creative. These Terms of Service ("Terms") are a contract between you ("you" or "User") and Hatch Creative LLC ("Hatch", "we," or "us"). By using, accessing, or visiting StartHatching.com or any of Hatch's related mobile application, whether in existence now or not yet existing, (the "Site") in any way, you agree to the Terms in full and without modification.
We may modify or replace the Terms at any time by updating this document on the Site. You will be notified of such update by email or on the Site itself. You agree to be bound by the most recent version of the Terms posted on the Site following notification of any update.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Last Updated: July 9, 2016
- In order to access all of the features of the site, you may be required to register as either (i) a freelance user ("Freelance User") or (ii) a not-for-profit company, cause conscious company, or benefit company user ("NFP User") thus creating an account on the Site (a "User Account" and each User Account holder a "User"). By creating a User Account, you agree that you have executed these Terms pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15
U.S.C. § 7001, et seq.).
- You agree to keep your User Account login information confidential at all times. Your User Account is personal in nature and may not be shared with any other person or entity.
- You agree that:
- if you register as a Freelance User, you represent a business (whether it be as a self-employed sole proprietorship, limited liability company, or as a corporation or other entity);
- if you register as an NFP User, you represent a not-for-profit company or benefit company formed under the not-for-profit or benefit company laws of any jurisdiction or a cause conscious company;
- you will use the Site and the Services for your business purposes only;
- you are in full compliance, and will maintain compliance, with any licensing or registration requirements with respect to your business;
- you are at least 18 years or older and possess the capacity to enter into legally binding contracts;
- all information you submit to the Site or transmit to other Users will be truthful, complete, and accurate in all respects;
- you will not submit to the Site or transmit to other Users any information which may be considered defamatory, incorrect, misleading, fraudulent, or untrue in any respect;
- the Site and the Services are in no way illegal, restricted, or prohibited in any jurisdiction which you access the Site or provide Services.
- you are not a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes or an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation;
- you will be financially responsible for your use of the Site and the purchase or delivery of any Services;
- you will diligently, professionally, and in a workmanlike manner perform your obligations as specified by any Service Agreement that you enter into, unless such obligations are prohibited by applicable law or the Terms; and
- you will not data mine, reverse engineer, decode, copy, or index the Site or any portion thereof.
(d) We reserve the right, in our sole discretion, to refuse, suspend, or revoke for any User access to the Site, terminate any User's Account, and/or suspend any User's ability to participate in Services at any time and without notice upon breach of these Terms. Notwithstanding the foregoing, Hatch reserves the right to change, modify, suspend, limit, disable, or terminate the Site or the Services, or any portion thereof, at any time and for any reason without any liability to you or any other User.
- Subject to and conditioned on your complete compliance with these Terms, Hatch grants you a revocable limited license to access and, as a registered User, to use the Site for the purpose of engaging the Services. You agree not to access the Site by any means other than through the Site's website and will not use information from the Site
for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for any commercial purpose other than to engage in the provision or acquisition of Services as a User. You agree not to sell, distribute, reproduce, display, modify, or perform, any work or derivative works based on any content of the Site in any way. You agree not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site. You agree not to access the Site or engage in any Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to any experience with the Site or the Services. Hatch and our licensors retain all right, title, and interest in and to all rights to all intellectual property (whether or not registered) related in and to the Site. The Hatch logos and names are trademarks of Hatch and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.
- When you post any text, graphics, videos, sound, or other content on the Site (collectively, "User Content"), you represent and warrant that you have the right, power, and authority to post that User Content and grant to Hatch and the other Users the licenses specified in Section 2(c) of the Terms. You further represent and warrant that by posting or providing such User Content you will not violate the intellectual property, publicity, contractual, or statutory rights of any third party. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Hatch may exercise the rights to your User Content granted under the Terms without any liability or obligation to pay any royalties or other compensation of any kind to you or any other person.
- You retain all ownership rights in any User Content you post on Hatch. You grant to Hatch a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non- exclusive, worldwide license to use, modify, publish, reproduce, edit, translate, distribute, publicly perform and display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed and for any purpose whatsoever. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site.
- Hatch welcomes your comments, suggestions, and ideas and encourages you to submit them to the Site (collectively, "Ideas"). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Hatch under any fiduciary or other obligation, (b) your Ideas do not
contain the confidential or proprietary information of third parties, and (c) Hatch may to use the Ideas, in whole or in part, without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone.
User Accounts and Profiles
- By registering for an Account as either a Freelance User or an NFP User, you must complete a User profile ("Profile"), which you consent to be shown to other Users as well as unregistered public viewers of the Site. If you are a Freelance User, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. If you are an NFP User, you represent and warrant that you use your Profile to locate Freelance Users to perform Services and that your business is a not-for-profit. You agree not to register for more than one Account without the express written permission of Hatch and agree not to solicit the help of any other person in obtaining an additional Account for you.
- Hatch may verify your Account and Profile details, which may include but shall not be limited to, validation with third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Hatch. You authorize Hatch, directly or through any third parties, to make any inquiries it deems necessary to validate your business or personal information. Notwithstanding this Section 3(b), Hatch shall have no obligation, and makes no representation that it will, verify any User Profile information.
- Users may be able to leave feedback for other Users on the Site. This feedback may include comments and reviews. We do not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Hatch do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Hatch is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable, and you acknowledge that Hatch has no duty to investigate or remove third party comments. In order to protect the integrity of the feedback system and protect Users from abuse, Hatch reserves the right (but is under no obligation) to remove posted feedback or information that, in Hatch’s sole judgment, violates the Terms or is otherwise untrue or unhelpful.
- For purposes of the Terms, "Service Agreement" means the contractual provisions between NFP User and Freelance User governing the Services to be performed for NFP User by Freelance User for a specific project for which the Users have engaged each other (the "Engagement").
- You acknowledge and agree that a Service Agreement is comprised of (i) the terms contained herein, (ii) the Engagement terms awarded and accepted on the Site to the extent that the terms do not, and do not purport to, expand Hatch’s obligations or restrict Hatch’s rights under the Terms, and (iii) any other contractual provisions accepted by both the NFP User and the Freelancer, to the extent that the provisions do not, and do not purport to, expand Hatch’s obligations or restrict Hatch’s rights under the Terms of Service. You acknowledge and agree that Hatch is not a party to any Service Agreements, and that the formation of a Service Agreement between Users will not, under any circumstance, create an employment or other service relationship between Hatch and any Freelancer.
- Users agree to create and maintain records to document satisfaction of their respective obligations under the Terms and any Service Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws.
Service Agreements and Payments
- Unless otherwise expressly agreed to in writing by both Users, the default terms and conditions of the Service Agreement that a Freelance User enters directly with a NFP User when the Freelance User agrees to provide any agreed upon services (the "Services") to the NFP User are as set forth in this Section 5. Users may agree between them on any additional or different terms for their Service Agreement as long as such terms do not and do not purport to affect the rights or responsibilities of Hatch or violate the Terms of Service. Hatch is not a party to any Service Agreement by or between Users.
- Users agree that the terms concerning the Service Agreement described on the Site, including Freelance User fees, rates, hours, and milestones, form part of the Service Agreement. Users agree to obtain the consent of the other before making changes to the Service Agreement by adding additional or different milestones or making other changes to the Service Agreement on the Site. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Agreement or accept such changes by continuing to work on the Service Agreement.
- Freelance User will perform the Services in a professional and workmanlike manner and will timely deliver any work product, as agreed upon by the Users on the Site when entering into a Service Agreement (the "Work Product").
(d) Freelance User will at all times be an independent contractor of the NFP User and not an employee, agent, or joint-venturerer.
- All prices listed on the site are in US denominations unless otherwise expressly specified.
- NFP User agrees to pay in full for the price agreed upon in the Service Agreement within 30 days of completion of the Services (the "Payment"). NFP User will make the Payment using the payment feature on the Site, which shall utilize the PayPal Adaptive Payment service. By using the Site, you agree to be bound by the PayPal User Agreement and all other terms governing the use of any feature offered by PayPal, Inc. You agree to review and accept the PayPal User Agreement availablehere: https://www.paypal.com/webapps/mpp/ua/useragreement-full.
- If the Work Product does not, in NFP User's good faith and reasonable judgment, meet the requirements of the Service Agreement, NFP User may reject the completion of the Services and forego Payment by following the instructions on the Site to reject the Work Product. In such a case, NFP User shall have no right to download, keep, modify, distribute, or otherwise use the Work Product or anything else completed in furtherance of the Services.
- If NFP User fails to pay the Payment or any other amounts due under these Terms, whether by canceling NFP User’s credit or debit card, initiating a refund, chargeback, or any other means, Hatch may suspend or close NFP User’s Account and revoke NFP User’s access to the Site, including NFP User’s authority to use the Site in all respects. Without limiting other available remedies, NFP User must pay Hatch upon demand for amounts owed under the Terms, plus interest on the outstanding amount at the lesser of two percent (2%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. In addition to the foregoing, Hatch may set off amounts due against other amounts received from or held by Hatch, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
- Users may transmit confidential or proprietary business or personal information to each other in furtherance of the Services. You agree to keep strictly confidential all information received which may, from (i) its reasonable appearance or (ii) direct instruction by the transmitting User, be considered confidential or proprietary. You agree that Hatch will not be responsible for the breach of any confidentiality obligation by an individual User.
(j) Users shall be considered third party beneficiaries of Section 5 of the Terms and may enforce the rights and obligations hereunder.
Hatch's Role in Services
- Hatch provides a service that allows NFP Users and Freelance Users to meet each other but is otherwise not a party to any negotiations or agreements between any
Users. Users agree to use all proper due diligence before entering into any Service Agreement or other agreement with any other User.
- Hatch does not conduct background checks, credentials screening, or other investigative or screening services on any User. Users are responsible for selecting other Users that they believe would be a good match for the Services. Hatch cannot, and will not, sponsor, recommend, endorse, or promote any individual user or any Services.
- Freelance Users are independent contractors of NFP Users and Hatch does not control, supervise, or direct, the work of any Freelance User. Hatch is not responsible for the performance or nonperformance of any Services and does not intervene in the performance of any work agreed to between any Users.
- Hatch does not guarantee the safety, legality, accuracy, quality, or content of any work product created pursuant to any of the Services. You agree to engage in Services solely at your own risk (including economic risk) and acknowledge that Hatch cannot be held responsible for the Services.
Disbursements and Fees
(a) Payments collected by Hatch will be subject to a Hatch Service Fee of 15%. In addition, Freelance Users will be responsible for a fee totaling 90% of all service charges or fees charged by PayPal for Payments made for Service Contracts to which Freelance User is a party. The fees described in this Section 7(a) shall be deducted from the sums disbursed to Freelancer User (the "Disbursements"). Except as provided for in Section 5(g), NFP User is responsible for making all Payments in full.
- Disbursements will be made to Freelance Users for completed Service Agreements through PayPal. Hatch will in no way be responsible for any nonpayment, , chargeback, refunds, underpayment, or any other breach of any Service Agreement by any NFP User. In the case of such breach, Freelance User's sole recourse shall be against NFP User.
- Hatch does not make any deduction or withholding for any taxes, insurance, benefits, fees, costs, or other sums ("Taxes and Fees"). It is the responsibility of the Users to make all such payments and to satisfy Taxes and Fees as necessary. You agree to indemnify, defend, and hold harmless Hatch from any liability arising as a result of, or related to, your nonpayment or incorrect payment of any Taxes and Fees whatsoever.
- You acknowledge that any intellectual property used on the Site (including, but not limited to, copyrights, trademarks, patents, and trade dress) is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name "Hatch" or any of the Hatch logos for any purpose other than those expressly permitted in the Terms. Without limiting the foregoing, Hatch hereby reserves all rights in and to its intellectual property.
- You will not solicit, recruit, encourage, induce, attempt to solicit, recruit, encourage, or induce, any of Hatch's employees, agents, contractors, or affiliates in order to provide services of any kind to you outside of the scope of the Site and the Terms, whether as a contractor, employee, or otherwise. Any breach of this Section 9(a) will cause Hatch to suffer immediate and substantial harm which would be difficult to accurately quantify. As such, you acknowledge and agree and that the liquidated damages described in this Section 9(a) represent a fair and reasonable method of calculating damages. You acknowledge and agree that the liquidated damages described herein are not punitive but are rather designed to provide certainty to the calculation of damages. You acknowledge and agree that liquidated damages in the amount of $20,000.00 USD may be assessed and recovered by Hatch against you in the event of any breach of this Section9(a) and without any requirement that Hatch present any evidence of the amount or character of actual economic damages incurred. These liquidated damages are in addition to, and not in lieu of, Hatch's right to an injunction against you for such a breach.
- Users agree to use the Site's integrated PayPal payment method as the sole method for payment between Users.
Limitation of Damages and Indemnification
YOU ACKNOWLEDGE THAT THE SITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS ($US50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND/OR THE SERVICES AT ANY TIME WITHOUT NOTICE.
- You agree to indemnify and hold harmless Hatch, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, from and against any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with the Terms, your use of the Site, or your violation of any law.
- The Terms shall be governed and construed in accordance with the laws of the State of New York, other than any provision related to the conflict of laws (to the extent legally permissible).
- In the event of a dispute arising under or relating to this Agreement, the Site, or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth herein, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER
- You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- The Site takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17
- § 512) ("DMCA"). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (as designated below). We will disable the access of repeat infringers to the Site. Your DMCA notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a list of the works.
- Identification of the material on the Site that you believe to be infringing.
- Adequate information by which we can contact you (including your name, mailing address, telephone number, and e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated Copyright Agent to receive DMCA Notices is
400 West 20th Street, Suite 2-S NY, NY 10011
- If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly and materially misrepresent that material on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
- If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (the "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include the following information:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
- Completed Counter-Notices should be sent to: Compliance Officer
400 West 20th Street, Suite 2-S NY, NY 10011
- The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
- Hatch may provide you with messages regarding the Site, Hatch, our affiliates, or special offers through email or SMS message. You hereby expressly consent to receive such messages, and further consent that by registering for an Account, that you have electronically signed your name agreeing to such.
- Any delay or failure of any party to exercise or enforce any portion of the Terms shall in no way be construed as a waiver of any rights.
All notices sent to Hatch must be sent to firstname.lastname@example.org. Notices will be deemed effective upon receipt by Hatch.
You may not assign the Terms under any circumstance without the express written permission of Hatch. Hatch may assign the Terms as a condition of a sale, merger, or reorganization of Hatch or its assets. The Terms will binding upon and inure to the benefit of the successors and permitted assigns of Hatch.